As the operators of the website (“Website”), Domain Active ("We", “Us”) is committed to protecting and respecting your privacy. This Privacy and Cookies Policy (“Policy”) (together with and any other documents referred to therein) sets out the basis on which the personal information collected from you, or that you provide to Us will be processed by Us. Please read the following carefully to understand our views and practices regarding your personal information and how We will treat it.

For the purpose of the General Data Protection Regulation (“GDPR”, from the GDPR implementation date) or, until GDPR implementation date, the Data Protection Act 1998, (collectively the “Data Protection Laws”) the Data Controller is Domain Active.

YOUR PERSONAL INFORMATION

We collect and process some or all of the following types of information from you in the course of your use of the website and/or providing our services:

Information that you provide by filling in forms on the Website or filing in forms as part of any registration process. This includes information provided at the time of registering to use the Website, subscribing to a component of our services, or requesting further information or using or accessing our services. We may also ask you for information when you report a problem with the Website.

Specifically, personal details such as name, email address, postal address, telephone number, date of birth or any information input by when using the Website or using or accessing our services.

If you contact Us, We may keep a record of that correspondence.

We may also ask you to complete surveys that We use for research purposes, although you do not have to respond to them.

Details of your visits to the Website including, but not limited to, traffic data, location data, weblogs and other communication data, and the resources that you access.

The provision of certain personal data may be required from you to enable Us to provide you use or access of our services. We will inform you at the point of collecting information from you, whether you are required to provide the information to Us.

To summarize, we collect, and have collected personal information about our visitors in the preceding 12 months in the following categories:

Categories of Personal Information

Specific Types of Personal Information Collected

Identifiers, or information that identifies, relates to, describes, or is capable of being associated with, a particular individual

Any contact information which you provide to us (name, email address, postal address, telephone number);

Date of birth (if you provide such to us);

Other personal identifiers or information that you provide to us in connection with any registration, or surveys;

Internet Protocol address

Internet or other electronic network activity information

Types of computers or devices accessing the Site;

Web browser type and version;

Referring and exit webpages;

Time and date of your visit to the Site;

Time spent on the Site;

Behavioral data (opens, clicks, downloads)

Geolocation information

Geographic region based on IP address;

Area code and zip code associated with your web server

Commercial information

Products or services purchased, obtained, considered

Inferences drawn from any of the above information to create a profile about a consumer reflecting the consumer’s preferences, characteristics, behavior, etc.

Inferences about an individual’s propensity to click on a particular link

your consent as provided when you sign up to using our services on our website;

to fulfill our contractual obligations to you;

to fulfill our legal obligations;

certain legitimate business purposes which may include some or all of the following:

for direct marketing purposes;

where it is necessary to protect your vital interests;

We are transferring between different parts of the organisational group for internal administrative purposes;

Where there is a direct appropriate relationship, such as where you or your employer is a client;

We have a reasonable expectation that you consent to your data being processed; or

Processing for the purposes of ensuring network and information security, including preventing unauthorised access to electronic communications networks and stopping damage to computer and electronic communication systems.

We use information held about you in the above categories in the following ways:

To provide you with our services;

To ensure that content on the Website is presented in the most effective manner for you and for the device(s) you use to access and view the Website;

To provide you with information and offers that you request from Us or which We feel may interest you;

To carry out our obligations arising from any contracts entered into between you and Us;

To allow you to participate in interactive features of our service, when you choose to do so;

Analytics and internal research/development for new websites and services;

To provide you with information that will help you select us as a possible partner for your future integrated communications need;

Tracking consumer interaction/ measuring if our website is attracting customers for our advertisers and to improve the effectiveness of our marketing; and

Advertising/marketing

In addition to the above uses We may use your information (and, where you have consented, permit selected third parties to use your information), to notify you about goods or services which may be of interest to you. Where We do this, We will contact you by electronic means (e-mail or SMS) only if you have consented to such communication. If you do not want Us to use your data in this way please either (i) tick the relevant box situated on the form on which We collect your data (for example, the registration form); (ii) unsubscribe from our electronic communications using the method indicated in the relevant communication; or (iii) inform Us at any time by contacting Us at the contact details set out below.

DISCLOSURE OF YOUR INFORMATION

We may pass your information to our third party service providers, agents, subcontractors and other associated organisations for the purposes of completing tasks and providing services to you on our behalf, for example to host our servers.

We may disclose your personal data to any member of our corporate group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006 (where applicable).

We may also disclose your personal data to third parties:

in the event that We sell or buy any business or assets, in which case We may disclose your personal data to the prospective seller or buyer of such business or assets; or

if We or substantially all of our assets are acquired by a third party, in which case personal data held by Us about our customers will be one of the transferred assets; or

if We are under a duty to disclose or share your personal data in order to comply with any legal obligation; or

to protect Our rights, property, or safety or that of our affiliated entities and our users and any third party We interact with the to provide the Website; or

in relation to selected third parties only, only to the extent that you have consented to such selected third parties notifying you about certain goods or services, which may be if interest to you.

Other than as set out above, and save insofar as is necessary in order for Us to carry out our obligations arising from any contracts entered into between you and Us, We will not share your data with third parties unless We have procured your express consent to do so.

STORING YOUR PERSONAL DATA

Security

We take appropriate measures to ensure that any personal data are kept secure, including security measures to prevent personal data from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal data to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality. Where We process payment transactions, these will be encrypted using SSL technology. Where We have given you (or where you have chosen) a password which enables you to access certain parts of the Website or any website we host, you are responsible for keeping this password confidential.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where We are legally required to do so.

Unfortunately, the transmission of information via the internet is not completely secure. Although We will do our best to protect your personal data, We cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once We have received your information, We will use strict procedures and security features to try to prevent unauthorised access.

The Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and terms of use and that we do not accept any responsibility or liability for these policies and terms of use. Please check these policies before you submit any personal data to these websites.

Keeping your personal data up to date

If your personal details change you may update them by contacting Us using the contact details below. If you have any questions about how We use data collected which relates to you, please contact Us by sending a request by email to the contact details below.

We will endeavour to update your personal data within seven (7) working days of any new or updated personal data being provided to Us, in order to ensure that the personal data We hold about you is as accurate and up to date as possible.

How long we keep your personal data

The time periods for which We retain Your personal data is dependent upon the purposes for which we use it. We will retain it for as long as you are a registered subscriber or user of our services or for as long as we have another business purpose to do so. Thereafter, for no longer than is required or permitted by law, by our Retention Policy, reasonably necessary for internal reporting and reconciliation purposes, or to provide you with feedback or information you might request.

Where we store your personal data

All information We hold about you is stored on our secure servers within the EEA.

The data that We collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for Us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your orders, the processing of your payment details and the provision of support services.

Such countries do not have the same data protection laws as the United Kingdom and EEA. Whilst the European Commission has not given a formal decision that such countries provide an adequate level of data protection similar to those which apply in the United Kingdom and EEA, any transfer of your personal data will be subject to a US-EU Privacy Shield or under a European Commission approved contract or through a series of intercompany agreements based on the Standard Contractual Clauses authorized under the EU Data Protection Directive 95/46/EC and (as permitted under Article 46(5) of the General Data Protection Regulation that are designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal data.

If you would like further information please contact Us OR our Data Protection Officer (see ‘Contact’ below). We will not otherwise transfer your personal data outside of the United Kingdom OR EEA or to any organisation (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.

access to your personal data and to certain other supplementary information that this Policy is already designed to address

require Us to correct any mistakes in your information which We hold

require the erasure of personal data concerning you in certain situations

receive the personal data concerning you which you have provided to Us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations

object at any time to processing of personal data concerning you for direct marketing

object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you

object in certain other situations to our continued processing of your personal data

let Us have enough information to identify you, for example your name, employer, or registration details;

let Us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill); and

let Us know the information to which your request relates, including any client account or reference numbers, if you have them.

HOW TO COMPLAIN

We hope that We or our Data Protection Officer can resolve any query or concern you raise about our use of your information.

The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/ or telephone: 0303 123 1113.

CHANGES TO OUR PRIVACY POLICY

We reserve the right to modify this Policy at any time. Any changes We may make to our Policy in the future will be notified and made available to you using the Website. Your continued use of the services and the Website shall be deemed your acceptance of the varied privacy policy.

INFORMATION ABOUT OUR USE OF COOKIES AND IP ADDRESSES

We may collect information about your mobile phone, computer or other device from which you access the Website including where available your IP address, operating system and browser type, for systems administration and to report aggregate information to third parties affiliates. This is statistical data about our users’ browsing actions and patterns. We may, however, use such information in conjunction with the data We have about you in order to track your usage of our services.

Our Website uses cookies to distinguish you from other users of our Website. This helps Us to provide you with a good experience when you browse our Website and also allows Us to improve the Website. By using our Website you agree to our use of cookies as more specifically set out below.

A cookie is a small file of letters and numbers that We store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.

The cookies We use include:

“Analytical” cookies. They allow Us to recognise and count the number of visitors and to see how visitors move around the Website when they are using it. This helps Us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily.

“Strictly necessary” cookies. These are cookies that are required for the operation of our Website. They include, for example, cookies that enable you to log into secure areas of our Website, use a shopping cart or make use of e-billing services.

“Functionality” cookies. These are used to recognise you when you return to our Website. This enables Us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

“Targeting” cookies. These cookies record your visit to our Website, the pages you have visited and the links you have followed to our affiliates’ websites. We will use this information to make our Website, offers e-mailed to you and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Please note that third parties affiliates may also use cookies, over which We have no control.

You may block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon as you visit our Website.

We also use web beacons to help us measure the effectiveness of our service and marketing. Web beacons are similar to cookies in that they collect information such as search terms, search parameters, click-throughs by users, and other similar type information. You cannot terminate or disallow web beacons.

CALIFORNIA PRIVACY RIGHTS

This section is specific and applies only to web visitors who are California residents, under the meaning of Section 17014 of Title 18 of the Cal. Code of Regulations. Under the California Consumer Privacy Act of 2018 (“CCPA”), up to twice in a twelve (12) month period, a consumer has the right to request that a business disclose what personal information (that identifies, relates to, describes, is capable of being associated with or could reasonably be linked, directly or indirectly, with a particular consumer or household) it collects, uses, discloses, and sells.

The personal information which we collect is noted above under the “YOUR PERSONAL INFORMATION” heading. The purposes for the collection and use of the personal information are detailed under the “USES MADE OF YOUR INFORMATION” heading. The disclosure of your personal information is detailed under the “DISCLOSURE OF YOUR INFORMATION” heading.

What Personal Information Do We Sell?

Under the definitions of “Sell” and “Sale” in the CCPA, we do not sell your personal information, nor do we sell the personal information of minors under 16 years of age, without affirmative authorization. There are no financial incentives to disclose.

Your Right to Request to Know and How to Submit a Verified Request to Know

A “request to know” is request related to the personal information that a business has about such consumer. It may include a request for any or all of the following from us:

1) specific pieces of personal information that we have about you;

2) categories of personal information we have collected about you;

3) categories of sources from which the personal information was collected;

4) categories of personal information that we have sold or disclosed for a business purpose about you;

5) categories of third parties to whom the personal information was sold or disclosed for a business purpose; and

6) the business or commercial purpose for collecting or selling the personal information.

The CCPA permits requests to know from the same consumer up to twice in a twelve (12) month period.

Unless you have previously provided us with your first and last name, email address, physical address, and/or telephone number, we are generally unable to respond to requests to know.

To the extent that you have provided us with the above information and wish to submit a request to know, please email your request to support@domainactive.co. To process your request, you may be required to submit your name and email address in conjunction with your request. The name and email address which you provide will be used to verify your request and to attempt to identify you within our data records. If you elect to use an authorized agent to exercise your right to submit a request for information, proof of your consent to utilize such authorized agent as well as verification of your own identity may be required before processing the request. The information which you submit in conjunction with your request to know will be used for the express purposes of verification and providing you with responsive information to your request, if required.

Your Right to Request Deletion and How to Submit a Verified Request to Delete

You have the right to request the deletion of any personal information which we have collected about you, or which we maintain.

Unless you have previously provided us with your first and last name, email address, physical address, and/or telephone number, we are generally unable to respond to requests to delete.

To submit a verifiable request to delete, please email your request to support@domainactive.co. To process your request, you may be required to submit your name and email address in conjunction with your request. The name and email address which you provide will be used to verify your request and to attempt to identify you within our data records. If you elect to use an authorized agent to exercise your right to submit a request for deletion, proof of your consent to utilize such authorized agent as well as verification of your own identity may be required before processing the request. The information which you submit in conjunction with your request to delete will be used for the express purposes of verification and fulfilling your request, if required.

A two-step process must be utilized for online requests to delete, whereby you clearly submit your request to delete, and second, you separately confirm that you want your personal information deleted.

To the extent that your personal information is necessary for us to maintain for a reason delineated in Cal. Civ. Code § 1798.105(d), including but not limited to complete a transaction for which the personal information was collected, provide a good or service you have requested, detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, debug, etc., or to comply with a legal obligation, we are not required to comply with your request for deletion. For instance, we are not required to delete personal information which is necessary to maintain suppression files for those individuals who have opted out of receiving email marketing from us. If we are unable to verify your request, we will notify you as well.

Your Right to Non-Discrimination for the Exercise of Your Privacy Rights

California affords consumers with the right not to receive discriminatory treatment by a business for the exercise of their privacy rights conferred by the CCPA. This means that you cannot be denied goods or services; be charged different prices or rates; be provided with a different level or quality of goods or services; or have it suggested that you will receive a different price or rate or different level or quality of goods or services. Notwithstanding the above, a business can charge a consumer a different rate or price, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to the consumer by the consumer’s data. Further, notwithstanding the above, a business may offer financial incentives for the collection of personal information, the sale of personal information, or the deletion of personal information, and may also offer a different price, rate, level, or quality of goods or services to the consumer if that different is directly related to the value provided to the consumer by the consumer’s data.

CONTACT

All questions, comments and requests regarding this Privacy and Cookies Policy should be addressed to support@domainactive.co or write to us Level 2, 100 Harris Street, Pyrmont | NSW 2009, Australia. Further, if you have a disability which interferes with your ability to access this policy, we can make accommodations to present the policy in an alternative format, to assist you. If you would like to receive this information in another format that is accessible to your needs (for example: audio, large print, etc.) please contact us.